Terms of service
General Terms and Conditions of the SwissSign AG for the sale of products and services via www.postsuisseid.ch
Version December 2012
These General Terms and Conditions regulate the conclusion, content and execution of contracts between the SwissSign AG and its customers (hereafter “customer”) in association with the sale of products and services (hereafter “goods”) via the platform www.postsuisseid.ch.
2. Ordering the goods
2.1 Obligations of the customer
The customer is obliged to provide truthful information when ordering the goods. Persons under the age of 18 and persons not legally capable of acting on their own behalf confirm with their order that they have the consent of their legal representative to conclude the corresponding transaction.
The customer is obliged to keep the personal password for access to the user account stored carefully in a safe location. The SwissSign AG shall not be liable in the event of any improper use or misuse of the password.
2.3 Records of the order
The records of the SwissSign AG regarding the order placed by the customer shall be considered correct insofar as the SwissSign AG's investigations do not reveal any transmission errors.
3. Conclusion and cancellation of the contract
3.1 Conclusion of the contract
The presentation of the goods on www.postsuisseid.ch shall be considered as an offer. The contract comes into effect when the goods are ordered or, in the event that the service is rendered directly online, when the goods are received by the customer.
When the order is completed on www.postsuisseid.ch, the contract comes into effect between the SwissSign AG and the customer. From this point onwards cancellation shall not be possible.
4 Delivery of the ordered goods
4.1 Place of delivery and stocks
The goods can be delivered worldwide. In the case of physical goods, delivery shall be only while stocks last. The ordered activation codes can be used by the customer of the web shop or (if the customer chooses) by another person. The activation codes are valid for 1 year from the date of the order and can be used within this period. Activation codes that are not used shall expire.
4.2 Delivery periods
As soon as the SwissSign AG receives the order, the customer shall be sent the goods electronically or by post.
4.3 Impediments to delivery
The customer shall be informed immediately of any impediments to delivery. If the goods are no longer available (cf. Section 4.1), the order shall be cancelled. Any amounts already paid by the customer shall be reimbursed in the event of cancellation. Further claims of the customer, in particular claims for compensation due to delays in delivery, are excluded.
5. Prices and terms of payment
For receiving the goods the customer shall pay the SwissSign AG the valid prices at the time the contract was concluded, as published on www.postsuisseid.ch, within 30 days into the account indicated on the invoice.
If the payment deadline is missed and if an additional late-payment notice must be sent, the customer of the web shop shall be charged a flat fee of CHF 20.00 for the second notice and each additional notice of past due amounts. The right to claim further costs is reserved, in particular all debt collection and legal costs.
If the customer of the web shop defaults on payment, the customer will be charged interest on arrears of seven percent (7%) per year as well as all costs.
The web shop customer may not offset charges due to the SwissSign AG against possible counterclaims.
The purchase price is also owed if the customer does not send in the documents required for a certificate application after the order and a certificate can therefore not be issued.
If the invoice is not paid, the SwissSign AG also reserves the right to revoke already issued certificates within the framework of the corresponding order. All processing fees shall be borne by the customer.
6. Payment methods
The customer can choose between different payment methods. If the customer pays by credit card, the customer shall authorise the SwissSign AGt to assign its claims to the corresponding credit card company. In this case the provisions of the credit card agreement shall apply.
7. Warranty and liability
Essentially warranty claims may be filed only if fault lies with the SwissSign AG.
If the goods have a defect, the customer may exchange them for goods free of defects provided the customer reported the defect on time (cf. Section 7.2). If the customer cannot be provided with a replacement of equal value, the customer shall have the right to withdraw from the contract and by returning the goods (with physical goods) may demand reimbursement of the purchase price including appropriate compensation for use.
This warranty applies instead of the warranty and associated compensation claims of the Swiss Code of Obligations.
7.2 Notice of defects
The customer shall check the goods on receipt. As soon as they are discovered, defects must be reported to the SwissSign AG in writing (electronically, in paper form). Here the error description should include the type and precise location of the error as well as any used hardware and software. After notice of defects and prior consultation with the SwissSign AG, the defective goods must be returned to the contact address as per Section 9.6. The customer shall bear the costs for the return of the goods.
Any liability of the SwissSign AG is excluded, in particular for damages caused by improper installation, handling or use of the goods and on account of delays in delivery or based on the quality or the loss of the data provided by the customer.
8. Data protection and data security
8.1 Protection of personal data
The SwissSign AG collects and processes the personal data of its customers in accordance with the regulations of the Swiss data protection legislation. It shall take all economically reasonable and technically and organisationally feasible precautions to ensure that the data provided for the implementation of the contract shall be effectively protected to prevent third parties gaining unauthorised access thereto.
8.2 Data processing
To ensure service in line with market needs, the customer agrees that the SwissSign AG may use all registration and usage data for market research purposes as well as the customer’s name and coordinates for advertising purposes (e.g. references). The SwissSign AG may align such data in anonymous form with user information of third parties and/or compile user statistics and inform third parties of these statistics.
8.3 Passing on personal data
The SwissSign AG shall pass on the personal data to third parties only if this is essential for fulfilment of the contract. The third parties may not pass on the personal data sent by the SwissSign AG or use it for their own purposes.
If personal data needs to be sent abroad for fulfilment of the contract, the SwissSign AG is obliged to contractually impose the provisions of Section 8 of this contract on the third parties.
9. Final provisions
9.1 Engaging third parties
The SwissSign AG may engage third parties to provide its services at any time.
9.2 Amendments to the General Terms and Conditions
The SwissSign AG may amend these General Terms and Conditions at any time.
9.3 Partial invalidity
Should one or more of these provisions be null or ineffective, the validity of the other provisions shall remain unaffected. In this case the SwissSign AG will replace the null or ineffective provisions with provisions that are effective and of equal value economically as far as possible. The same shall apply to the closure of any loopholes.
9.4 Original text
These General Terms and Conditions are written in several languages. In the event of contradictions, the German version shall be binding.
9.5 Place of jurisdiction and applicable law
Swiss law applies to this contractual relationship exclusively. The exclusive place of jurisdiction is Berne.
9.6 Contact address
PO Box 2259
CH-6010 Kriens 2